New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1887-10-28
NICOLL FOR THE PEOpLN;
sHARps CASE IN THE COURT OF Appr.,s

NAOOAA EOS AhG IGOtLN
sHARPs CASE IN THE COURT OF Appr.,s
sEssRs COCHRAN AND PAIGE ARGUE ron 49,
PRrsONRR-MR. NICoLLs PLEA FOR TIE sr.r-N
ALBANY. Oct 27-when the stsntorian voice Of O..
Cook in the Court Of Appeals Chamber snnoanosA ~
Judges Of the Court this morning and tho seven Ana.
late Judges In their robes filed through small dos, =,
tho rear and their places the bench one OF ~
largest audiences In the was prsss.t A.
large table sat tho counsel for tho people and sha,s
attorneys Do Lancey Nicoll Mckenzie semple az
Judge George r. Comstook appeared for the people al
against tho appeal and W. Bourke Cochran, f. winsov
Paige and Albert sckney for Sharp and favoroe ths
appeal
When the Judges had taken their seats Chsf yusucs
Ruger called tho case Of "The People against Sham
Tho clerk responded. " Ready"
Mr. Nicol arose and amid the confusion incident In
such large gathering asked that the usual time Of TIVE
hours for argument DO extended He said tho Qresons
were 80 many and the briefs large that seemed In
possible to argue tho In the allotted time
Mr. Cochran asked that the time DO extended to such
time counsel thought 1T
Chief Justice Ruger said the court thought fsur hour
long enough for tho oral agreements BY finishing tAsn
to-day tho court would nave chanco for consuAtieo
before adjournment
He motiOned 70 thS appellants to proceed and NJ
Cochran rose and began for Sharp At nrt BID
voice was low, but whom ho got warmed up Il was esu
and strong.
POINTS ARGUED FOR THE DEFENCE.
Mr. Cochran made the following principal psntsi
First-That 1t was an error TO admit the testimony
Pottle reading clerk OF tho Assembly who testified that
Sharp ia 1888 attempted to induce him To fasy aao
alter the OF bill which had been passed by hs
Legislature
the defendant given before the Senate Committee OF fur
Third-That II was error to permit the wlt.sss,
Miller. who had been q member OF the Board OF Alder.
men In 1884. to DO asked what he thought induced
II the , sr'd d. in pes y
Lacy. Deapsey and saylss to Canada
point that was an error to admit evidence wAsh IL
been given Dy the defendant before the committee hs
dspss, pon Tie m.snng to be- given to section 70
the Penal Code. or this section the portion that coz
Germs the argument follows:
foresSns q thus code relating to bribery
20 % %
3 a. 10 the a nn IA n any Ss
enon or proceeding civil or criminal against the person 50
The contention OF the people and the rulings OF tia
below 10 the effect that the words ANY trial.
hearing proceeding or investigation" as here used do
rot describe sort Of occasion upon which the defend
ants testimony before the Senate Committee given
Mr. Paige held tn they do describe the sort OF
sion II is submitted that the words used compre
hensve to impress the ordinary mind that they Dc
be sworn ami examined as a witness It is impossblsv
add other word which will increase the meaning
coca sion upon which the defendant gave his testimony
distinctly within the letter OF the statute as ~s
the resolution which empowered and directed the senate
investigation Mr. Paige discussed the inv.' iss,5
and In conclusion held that the ease Is brought eNacty
?iS. section 3. Of tho laws o, 1869 which applits
this rule to legislative committee: IN bIber, nyessa
New York prior to 1881 used Indicate l2o
different thlag. OF which 1lI were Legislative nyestlga
TONS These p,ns were enlarged upon At great length
Mr. Paige urged that conclusive proof that the intention
codty the act OF 1869 into the Penal Code IS az
to the from which part OF the act is tsken
NIX. NIcOLL PRESENTS THE PEOPLES CASE.
Mr.. NicO for the people dwelt principally upon the
testimony of Sharp before the Legislative Committee
The argument he made Is summed up rs follows Tho
evidence by the prosecution tended 10 establish the fact
that the crime OF bribery had indeed been committed that
Alderman Fullgraf had been hbed to vote for the Pei
ton fer the Broadway Surface Railroad COMPANY anj
that having established that Full gran had been brr
when and where the prosecution proceaded to show ms
corrupt agreement by waics under secuoi -vot tio
Code. sharp concerned the commlss on OF eony
The motion 10 strike ont tue eyide nee or Fugra because
cs,Iop was propsrly denied The evidence o, Fueraf
and OF Thomas b. Brown WAS properly received Ihere
the Assembly effect that sharp hal Offered MIN
$1,000 place rider In the General Railroad az OF
before tho Legislative Committee Article l. section o. oe
the constitution pToyies that 10 psfsoa sas gS Sn
self This but Cons ltutonal ahrm
ance OF tie common law rule. amt mas
he construed to mean the same thlns
II many wors provided that person shall he
required to furnish nfoT nation which may be u'ed
evidence criminal action or proceeding against
hun. sharp neither actually nerconsiructyey con
PEELED TO any OF the questions propouldtd - h
by the Legislative Committee. There Was no law ~
which he compelled TO answer the questions ana
having failed TO assert the right and prye-e ~.ie9
he did. he must be deemed and tasen 10 have waived
thar privilege II il susceptible OF demonstration that
the proceeding or investigation contemplated by mo
Legislature IN the last paragraph or section ~ was NOT
,tigaii0n IN tho course Of criminal prosecution
only l. .ht bc claimed thar Legislative invest Saiin
OF quasi Judicial characterthat is by the Assembly
upon specific charges against publc oiicar or
nal curupt conduct with view 10 Impeachment
within the spirit of section 20 1t i utterly PIE
pO,terous TO place "a senatorial INVESTIGATION ot o.
binary legislative purposes L. nc same casgcr Nang
10y ree.-uce law applicable t. cases where eN'id
persons loiaty charged with the comm s'ioh o.
crime. while the Indictment was not FOR nspr4y 40
rulcS OF Jaw applicable II II a set 90 d."
that the at and declarations OF one alleged cnh>p @
although admissible 10 prove conspiracy. 40 not hnd n'
fellow Spra,ors until The existence OF consWr-cy
established.
Judge ComsOck IN his argument ENLARGED o. iit .+
mission of the t,s mony OF Po'tle ami sharp beoit t
legislative COMMITTEE.
Zach SIDE has been given haf OF an hpnt more %
argument tomorrow.
MORE TROJBLE FOR me fUHNfft RI HiI.tAt
The y. she seizure and safe OF Nilin. ''-'i
furniture, valued at sl,l0O d,bt OF ~ $685., '